Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6907 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- JOGBANI District- Araria ====================================================== Pramod Mandal S/O Giyanand Mandal @ Vidyanand Mandal R/o VillagePipra P.S.- Jogbani District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Jogbani Police Station Case No. 150 of 2024, dated 14.07.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is keeping illicit liquor in his house for selling it, reached at the place of occurrence and saw a person coming out of the house of petitioner having a bag, who, on seeing the police, hid the bag under a sack of straw and managed to fled away taking advantage of darkness. On search, the police recovered 03 litres of illicit liquor kept under the straw.

Patna High Court CR. MISC. No.6907 of 2025(2) dt.21-03-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the village chowkidar. He further submits that the petitioner has got no criminal antecedent and from the seizure list, it would be evident that the illicit liquor has been recovered kept under the straw in front of the house of the petitioner, which is an open space, accessible to all.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that from the First Information Report and the seizure list, it is evident that the illicit liquor has been recovered from in front of the house of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Araria, in connection with Jogbani Police

Patna High Court CR. MISC. No.6907 of 2025(2) dt.21-03-2025 3/3 Station Case No. 150 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √